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(영문) 부산지방법원 2019.05.20 2019고단291
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2017, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the branch court of the Busan District Court, and the execution of the sentence was terminated on January 10, 2019. On May 26, 2016, the Incheon District Court sentenced the Defendant to one year and six months of imprisonment for habitual larceny at the Incheon District Court, and was sentenced to two years and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on September 27, 2013.

【Criminal Facts】

1. On January 17, 2019, around 15:32, 2019, the Defendant: (a) in front of the “C” market in Busan Jin-gu, Busan; and (b) in consideration of the head of the Victim D (Min, 53 years old); (c) accessed the victim by taking advantage of the gaps in which the surveillance was neglected; and (d) 40,000 won in cash and 350,000 won in market price in which the victim used three copies of credit cards, etc. in his/her hand; and (d) stolen them by taking off the wall in front of the victim D (Min, 53 years old

2. On January 17, 2019, around 16:49, the Defendant: (a) obstructed the “E” market in Busan Jin-gu, Busan; (b) checked the head of the Victim F (Min, 68 years old); (c) accessed the victim by taking advantage of the gap where the surveillance was neglected; and (d) 400,000 won in cash and 6 copies of credit cards in cash used by the victim in his/her hand; and (c) cut off the wall in excess of 200,000 won in the market price.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, stolen the victims' property during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements prepared in D;

1. Records of seizure and the list of seizure;

1. Investigation report (referring to CCTVs at the scene of crime, tracking suspects, and specific information about them);

1. Investigation report (investigation of the case number 2019-118 and the face of the crime concerned);

1. Previous Records: Criminal history records (A), personal confinement status, investigation report (as a result of dispositions of the same kind of detention case and attachment report of judgment) and investigation report (as a result, confirmation of the fact of releasing a suspect from repeated crime).

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